April 14, 2005, Introduced by Reps. Condino, Van Regenmorter and Sak and referred to the Committee on Judiciary.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 82101, 82127, 82136, 82139, 82140, and 82143
(MCL 324.82101, 324.82127, 324.82136, 324.82139, 324.82140, and
324.82143), section 82101 as amended by 2004 PA 587, section 82127
as amended by 2001 PA 12, section 82136 as added by 1995 PA 58, and
sections 82139, 82140, and 82143 as amended by 1996 PA 183.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 82101. As used in this part:
(a) "Alcoholic liquor" means that terms as defined in section
1d of the Michigan vehicle code, 1949 PA 300, MCL 257.1d.
(b) (a)
"Conviction" means a final conviction, the
payment
of a fine, a plea of guilty or nolo contendere if accepted by the
court, or a finding of guilt or probate court disposition on a
violation of this part, regardless of whether the penalty is
rebated or suspended.
(c) (b)
"Dealer" means any person engaged in the
sale,
lease, or rental of snowmobiles as a regular business.
(d) (c)
"Former section 15a" means section 15a of
former
1968
PA 74, as constituted prior to before May 1, 1994.
(e) (d)
"Highly restricted personal information"
means an
individual's photograph or image, social security number, digitized
signature, and medical and disability information.
(f) (e)
"Highway or street" means the entire width
between
the boundary lines of every way publicly maintained if any part
thereof is open to the use of the public for purposes of vehicular
travel.
(g) (f)
"In-kind contributions" means services and
goods as
approved by the department that are provided by a grant recipient
toward completion of a department-approved local snowmobile program
under section 82107.
(h) (g)
"Law of another state" means a law or
ordinance
enacted by another state or by a local unit of government in
another state.
(h)
"Long-term incapacitating injury" means an injury that
causes
a person to be in a comatose, quadriplegic, hemiplegic, or
paraplegic
state, which state is likely to continue for 1 year or
more.
(i) "Operate" means to ride in or on and be in actual physical
control of the operation of a snowmobile.
(j) "Operator" means any person who operates a snowmobile.
(k) "Owner" means any of the following:
(i) A person who holds the legal title to a snowmobile.
(ii) A vendee or lessee of a snowmobile that is the subject of
an agreement for conditional sale or lease with the right of
purchase upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional
vendee or lessee.
(iii) A person renting a snowmobile or having the exclusive use
of a snowmobile for more than 30 days.
(l) "Peace officer" means any of the following:
(i) A sheriff.
(ii) A sheriff's deputy.
(iii) A deputy who is authorized by a sheriff to enforce this
part and who has satisfactorily completed at least 40 hours of law
enforcement training, including training specific to this part.
(iv) A village or township marshal.
(v) An officer of the police department of any municipality.
(vi) An officer of the Michigan state police.
(vii) The director and conservation officers employed by the
department.
(viii) A law enforcement officer who is certified pursuant
to
under the commission on law enforcement standards act, 1965 PA 203,
MCL 28.601 to 28.616, as long as that officer is policing within
his or her jurisdiction.
(m) "Personal information" means information that identifies
an individual, including an individual's driver identification
number, name, address not including zip code, and telephone number,
but does not include information on snowmobile operation or
equipment-related violations or civil infractions, operator or
snowmobile registration status, accidents, or other behaviorally-
related information.
(n) "Probate court or family division disposition" means the
entry of a probate court order of disposition or family division
order of disposition for a child found to be within the provisions
of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.1 to 712A.32.
(o) "Prosecuting attorney", except as the context requires
otherwise, means the attorney general, the prosecuting attorney of
a county, or the attorney representing a local unit of government.
(p) "Recreational snowmobile trail improvement subaccount"
means the recreational snowmobile trail improvement subaccount of
the snowmobile account created in section 82110.
(q) "Right-of-way" means that portion of a highway or street
less the roadway and any shoulder.
(r) "Roadway" means that portion of a highway or street
improved, designated, or ordinarily used for vehicular travel. If a
highway or street includes 2 or more separate roadways, the term
roadway refers to any such roadway separately, but not to all such
roadways collectively.
(s) "Shoulder" means that portion of a highway or street on
either side of the roadway that is normally snowplowed for the
safety and convenience of vehicular traffic.
(t) "Snowmobile" means any motor-driven vehicle designed for
travel primarily on snow or ice of a type that utilizes sled-type
runners or skis, an endless belt tread, or any combination of these
or other similar means of contact with the surface upon which it is
operated, but is not a vehicle that must be registered under the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(u) "Snowmobile account" means the snowmobile account of the
Michigan conservation and recreation legacy fund provided for in
section 2025.
(v) "Snowmobile registration fee subaccount" means the
snowmobile registration fee subaccount of the snowmobile account
created in section 82111.
(w) "Zone 1" means all of the Upper Peninsula.
(x) "Zone 2" means all of that part of the Lower Peninsula
north of a line beginning at and drawn from a point on the
Michigan-Wisconsin boundary line due west of the westerly terminus
of River road in Muskegon county; thence due east to the westerly
terminus of River road; thence north and east along the center line
of the River road to its intersection with highway M-120; thence
northeasterly and easterly along the center line of highway M-120
to the junction of highway M-20; thence easterly along the center
line of M-20 to its junction with US-10 at the Midland-Bay county
line; thence easterly along the center line of the "business route"
of highway US-10 to the intersection of Garfield road in Bay
county; thence north along the center line of Garfield road to the
intersection of the Pinconning road; thence east along the center
line of Pinconning road to the intersection of the Seven Mile road;
thence north along the center of the Seven Mile road to the Bay-
Arenac county line; thence north along the center line of the
Lincoln School road (county road 25) in Arenac county to the
intersection of highway M-61; thence east along the center line of
highway M-61 to the junction of highway US-23; thence northerly and
easterly along the center line of highway US-23 to the center line
of the Au Gres river; thence southerly along the center line of the
river to its junction with Saginaw Bay of Lake Huron; thence north
78° east to the international boundary line between the United
States and the Dominion of Canada.
(y) "Zone 3" means all of that part of the Lower Peninsula
south of the line described in subdivision (x).
Sec. 82127. (1) A person shall not operate a snowmobile in
this
state if either any of the following applies apply:
(a)
The person is under the influence of intoxicating
alcoholic liquor or a controlled substance, or both.
(b)
The person has a blood alcohol content of 0.10 0.08
grams or more per 100 milliliters of blood, per 210 liters of
breath, or per 67 milliliters of urine.
(c) The person has in his or her body any amount of a
controlled substance listed in schedule 1 under section 7212 of the
public health code, 1978 PA 368, MCL 333.7212, or a rule
promulgated under that section, or of a controlled substance
described in section 7214(a)(iv) of the public health code, 1978 PA
368, MCL 333.7214.
(2) The owner of a snowmobile or a person in charge or in
control of a snowmobile shall not authorize or knowingly permit the
snowmobile
to be driven or operated by a person who if any of the
following apply:
(a)
The person is under the influence of intoxicating
alcoholic liquor or a controlled substance, or both. ,
or who
(b) The person has a blood an alcohol content of 0.10 0.08
grams or more per 100 milliliters of blood, per 210 liters of
breath, or per 67 milliliters of urine.
(c) The person's ability to operate a snowmobile is visibly
impaired due to the consumption of an alcoholic liquor, a
controlled substance, or a combination of an alcoholic liquor and a
controlled substance.
(3) A person shall not operate a snowmobile when, due to the
consumption
of an intoxicating alcoholic liquor or a controlled
substance, or both, the person's ability to operate the snowmobile
is visibly impaired. If a person is charged with violating
subsection (1), a finding of guilty under this subsection may be
rendered.
(4)
A person who operates a snowmobile under the influence of
intoxicating
liquor or a controlled substance, or both, or with a
blood
alcohol content of 0.10 grams or more per 100 milliliters of
blood,
per 210 liters of breath, or per 67 milliliters of urine,
in violation of subsection (1) or (3) and by the operation of that
snowmobile causes the death of another person is guilty of a felony
punishable
by imprisonment for not more than 15 years , or a fine
of not less than $2,500.00 or more than $10,000.00, or both.
(5)
A person who operates a snowmobile under the influence of
intoxicating
liquor or a controlled substance, or both, or with a
blood
alcohol content of 0.10 grams or more per 100 milliliters of
blood,
per 210 liters of breath, or per 67 milliliters of urine,
in violation of subsection (1) or (3) and by the operation of that
snowmobile causes a serious impairment of a body function of
another person is guilty of a felony punishable by imprisonment for
not
more than 5 years , or a fine of not less than $1,000.00 or
more than $5,000.00, or both. As used in this subsection, "serious
impairment
of a body function" includes, but is not limited to, 1
or
more of the following: means that term as defined in section
58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
(a)
Loss of a limb or use of a limb.
(b)
Loss of a hand, foot, finger, or thumb or use of a hand,
foot,
finger, or thumb.
(c)
Loss of an eye or ear or use of an eye or ear.
(d)
Loss or substantial impairment of a bodily function.
(e)
Serious visible disfigurement.
(f)
A comatose state that lasts for more than 3 days.
(g)
Measurable brain damage or mental impairment.
(h)
A skull fracture or other serious bone fracture.
(i)
Subdural hemorrhage or subdural hematoma.
Sec. 82136. (1) A peace officer, without a warrant, may arrest
a person if the peace officer has reasonable cause to believe that
the person was, at the time of an accident, the operator of a
snowmobile involved in the accident in this state while in
violation of section 82127(1), (3), (4), or (5) or a local
ordinance substantially corresponding to section 82127(1) or (3).
(2) A peace officer who has reasonable cause to believe that a
person
was operating a snowmobile and that, by the consumption of
intoxicating
alcoholic liquor, the person
may have affected his or
her ability to operate a snowmobile may require the person to
submit to a preliminary chemical breath analysis. The following
apply with respect to a preliminary chemical breath analysis:
(a) A peace officer may arrest a person based in whole or in
part upon the results of a preliminary chemical breath analysis.
(b) The results of a preliminary chemical breath analysis are
admissible in a criminal prosecution for a crime enumerated in
section 82143(1) or in an administrative hearing solely to assist
the court or hearing officer in determining a challenge to the
validity of an arrest. This subdivision does not limit the
introduction of other competent evidence offered to establish the
validity of an arrest.
(c) A person who submits to a preliminary chemical breath
analysis remains subject to the requirements of sections 82143 to
82146 for the purposes of chemical tests described in those
sections.
(d) A person who refuses to submit to a preliminary chemical
breath analysis upon a lawful request by a peace officer is guilty
of a misdemeanor.
Sec. 82139. (1) The provisions of sections 82137 and 82138
relating to chemical testing do not limit the introduction of any
other competent evidence bearing upon the question of whether a
person
was impaired by, or under the influence of, intoxicating
alcoholic liquor or a controlled substance, or both, or whether the
person
had a blood alcohol content of 0.10 0.08
grams or more per
100 milliliters of blood, per 210 liters of breath, or per 67
milliliters of urine.
(2) If a chemical test described in sections 82137 and 82138
is administered, the results of the test shall be made available to
the person charged or the person's attorney upon written request to
the prosecution, with a copy of the request filed with the court.
The prosecution shall furnish the results at least 2 days before
the day of the trial. The results of the test shall be offered as
evidence by the prosecution in that trial. Failure to fully comply
with the request bars the admission of the results into evidence by
the prosecution.
Sec.
82140. (1) Except in a prosecution relating solely to a
violation
of section 82127(1)(b), the amount of alcohol in the
driver's
blood at the time alleged as shown by chemical analysis of
the
person's blood, urine, or breath gives rise to the following
presumptions:
(a)
If at the time the defendant had a blood alcohol content
of
0.07 grams or less per 100 milliliters of blood, per 210 liters
of
breath, or per 67 milliliters of urine, it shall be presumed
that
the defendant's ability to operate a snowmobile was not
impaired
due to the consumption of intoxicating liquor and that the
defendant
was not under the influence of intoxicating liquor.
(b)
If at the time the defendant had a blood alcohol content
of
more than 0.07 grams but less than 0.10 grams per 100
milliliters
of blood, per 210 liters of breath, or per 67
milliliters
of urine, it shall be presumed that the defendant's
ability
to operate a snowmobile was impaired within the provisions
of
section 82127(3) due to the consumption of intoxicating liquor.
(c)
If at the time the defendant had a blood alcohol content
of
0.10 grams or more per 100 milliliters of blood, per 210 liters
of
breath, or per 67 milliliters of urine, it shall be presumed
that
the defendant was under the influence of intoxicating liquor.
(2)
A person's refusal to submit to a
chemical test as
provided in sections 82137 and 82138 is admissible in a criminal
prosecution for a crime described in section 82143(1) only for the
purpose of showing that a test was offered to the defendant, but
not as evidence in determining innocence or guilt of the defendant.
The jury shall be instructed accordingly.
Sec. 82143. (1) A person who operates a snowmobile is
considered to have given consent to chemical tests of his or her
blood, breath, or urine for the purpose of determining the amount
of alcohol or presence of a controlled substance, or both, in his
or her blood in all of the following circumstances:
(a) The person is arrested for a violation of section
82127(1), (3), (4), or (5) or a local ordinance substantially
corresponding to section 82127(1) or (3).
(b) The person is arrested for negligent homicide,
manslaughter, or murder resulting from the operation of a
snowmobile, and the peace officer had reasonable grounds to believe
that
the person was operating the snowmobile while impaired by, or
under
the influence of, intoxicating liquor or a controlled
substance,
or both, or while having a blood alcohol content of 0.10
grams
or more per 100 milliliters of blood, per 210 liters of
breath,
or per 67 milliliters of urine in violation of section
82127.
(2) A person who is afflicted with hemophilia, diabetes, or a
condition requiring the use of an anticoagulant under the direction
of a physician shall not be considered to have given consent to the
withdrawal of blood.
(3) A chemical test described in subsection (1) shall be
administered as provided in sections 82137 and 82138.
Enacting section 1. This amendatory act takes effect January
1, 2006.